In case S.C. PRESSINFRA S.R.L. (further under the name of PRESSLABS) Services do not meet a guaranteed uptime of 100% for the public website of the USER, excepting thus from the uptime the management interface
/wp-admin/ and the users logging into the administration interface and the maintenance periods, PRESSLABS will return to the Individual or legal person (further under the name of USER), but without exceeding the value of the monthly invoice:
- 3% of the invoice value of the Services for the month in which the uptime was not achieved for the first entire 60 minutes of downtime accumulated during a month; and
- 1.5% for each full 30 minutes of downtime accumulated during the same month after reaching the first 60 minutes of downtime.
For the avoidance of any doubt, no return or compensation will be given for the downtime minutes with a cumulative duration within a month of less than 60 minutes and for periods that cumulatively do not form full 30 minutes after reaching the first 60 minutes (e.g.. for 25 minutes over the initial 60 minutes will be granted only a reduction percent of 3% corresponding to the 60 minutes of downtime).
The downtime period is calculated over a calendar month, except for the initial contract period that may be higher, and the downtime minutes from a month will not be carried over to the next month.
The USER will not be entitled to refund in case:
- a. At the time when the refund becomes due the USER has breached the Contractual Terms and Conditions, including by failure to pay until due date the pro-forma invoices issued;
- b. The failure to meet the guaranteed uptime occurred as a fault of the USER or its employees.
The Parties agree and the USER acknowledges that this reimbursement is the sole and exclusive indemnity to which is entitled for the failure to meet the guaranteed uptime and for the unavailability of the Services and cannot exceed the value of the monthly invoice issued for the month in which the downtime occurred.
To benefit from the reimbursement the USER should contact PRESSLABS team and notify this aspect at
firstname.lastname@example.org within 10 working days as of the end of the downtime period, but by the end of the month in which the downtime has occurred. The value, which needs to be reimbursed, will be deducted from the following invoice that will be issued.
Also, in case PRESSLABS foresees that it cannot perform the contract and to provide the USER with the Services, it will inform the USER in respect to such circumstance as soon as possible and will refund the amounts already paid by the USER for the Services whose performance could not be made within maximum 30 calendar days. This refund will operate only in case the failure to provide the Services is not due to the USER’s fault.